侯鲜明在《学术交流》2017年第6期撰文指出,贿赂与腐败时刻伴随着跨国商事交易,也不可避免地出现在国际商事仲裁案件中。腐败抗辩最早出现于国际商会仲裁院审理的普通商事合同纠纷,随后被引入解决投资争端国际中心受理的投资者与东道国之间投资争议的解决之中。通过解决投资争端国际中心审理的相关案件可以看出,投资者的投资项目如果是通过贿赂方式取得,当投 In his Academic Exchange, Issue 6, 2017, Hou Xianming pointed out that the moment of bribery and corruption is accompanied by transnational commercial transactions and inevitably appears in international commercial arbitration cases. Corruption arguments first appeared in common commercial contract disputes before the ICC Arbitration Board and were subsequently introduced into the settlement of investment disputes between investors and the host country accepted by the International Center for Investment Disputes. By settling the relevant cases before the International Center for Investment Disputes, it can be seen that if an investor’s investment project is obtained through bribery,